CONFIDENTIAL FLSA SETTLEMENT AGREEMENT THIS ...

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attorney, David Sacks, within thirty (30) calendar days from the date the Court approves this FLSA Settlement Agreement. The County also agrees to pay to Silva’s attorney, David B. Sacks, the total amount of three thousand five hundred dollars ($3,500.00). Together, the total payments to Silva and his attorney under this Agreement total $8,500.00 minus legally required payroll deductions, and will be paid in full settlement of the Lawsuit. B. Settlement in Full. Silva acknowledges that this is valid consideration for his agreement to the provisions herein. Silva further acknowledges that he is accepting this amount as full payment for all hours he worked for the County and in full payment for any additional damages or remedies for which he may collect (including attorneys’ fees and costs) if he prevailed in an action under the Fair Labor Standards Act of 1938, as amended, and no additional amounts for unpaid wages, or any other remedies recoverable under the Fair Labor Standards Act of 1938 are owed by the Released Parties to Silva. Silva agrees he is solely responsible for all employee owed tax payments which may exceed the amount withheld by the County, and agrees to indemnify the County for any liability therefore, and for any interest and penalties that become due for the County’s agreement not to withhold any additional taxes from these amounts or for any other reason. III. herein: Obligations of Silva. In consideration of the County’s agreement to the terms A. Along with the parties’ Motion for Approval of FLSA Settlement Agreement, Silva will immediately execute a Joint Stipulation for Dismissal With Prejudice of the Lawsuit to be filed with the Court. B. Except as required by a court of competent jurisdiction under subpoena, Silva shall refrain from expressing to any person or organization (including but not limited to, present and former: commissioners, board members, employees, suppliers, or vendors of the County, other members of the public or any other individual or entity), any statements or opinions concerning whether or not the County violated the Fair Labor Standards Act with respect to him, whether the County was legally required to pay Silva overtime, whether Silva was exempt from the Fair Labor Standards Act or that the County has in any way violated any law. III. Miscellaneous Provisions A. Non-Admission of Liability. Neither this FLSA Settlement Agreement, nor anything contained herein, is to be construed as an admission by the County that Silva is not exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act of 1938, as amended, or an admission that the County has engaged in any wrongdoing or unlawful conduct whatsoever. The County denies that it has engaged in any wrongdoing or unlawful conduct whatsoever. B. Entire Agreement; Modification. The parties agree that this FLSA Settlement Agreement constitutes the entire agreement between the parties regarding Silva’s FLSA claims and overrides and replaces all prior negotiations and terms proposed or discussed, whether in writing or orally, about the subject matter hereof. No modification of this FLSA Settlement (Please initial) Silva County Representative 2201478.1 Page 2 of 4
Agreement will be valid unless it is in writing identified as an Amendment to the FLSA Settlement Agreement and is signed by Silva and the Clay County Board of County Commissioners. C. Governing Law and Venue. This FLSA Settlement Agreement is governed by and shall be construed in accordance with the laws of the State of Florida (or United States federal law, to the extent applicable), including any applicable statutes of limitation, without regard to any otherwise applicable principles of conflicts of law or choice of law rules (whether of the State of Florida or any other jurisdiction) that would result in the application of the substantive or procedural rules or law of any other jurisdiction. D. Attorney’s Fees. If either party engages the services of an attorney in the enforcement of the terms herein, the non-prevailing party shall pay the reasonable attorney’s fees and costs of the prevailing party. E. Severability. Each provision of this FLSA Settlement Agreement is intended to be severable. If any court of competent jurisdiction determines that any provision of this FLSA Settlement Agreement is invalid, illegal or unenforceable in any respect, the rest of the FLSA Settlement Agreement will remain in force. F. Counterparts. This FLSA Settlement Agreement may be executed in multiple counterparts (including via facsimile or other electronic mail), which shall be deemed an original but all of which together shall constitute one and the same instrument. G. Binding Effect. Upon execution by both parties, this FLSA Settlement Agreement is binding upon and shall inure to the benefit of the parties, their successors, assigns, heirs, executors, legal representatives and administrators. H. Agreement Not to be Used as Evidence This FLSA Settlement Agreement shall not be admissible as evidence in any proceeding except where one of the parties to this FLSA Settlement Agreement seeks court approval of this FLSA Settlement Agreement, seeks to enforce this FLSA Settlement Agreement or alleges this FLSA Settlement Agreement has been breached, or where one of the parties is ordered to produce this FLSA Settlement Agreement by a court or administrative agency of competent jurisdiction. Silva further agrees that, in the event a court or administrative agency orders this FLSA Settlement Agreement to be produced, he will provide immediate written notice to the Clay County County Attorney's Office, P. O. Box 1366, Green Cove Springs, Florida 32043, at the County’s office prior to producing the FLSA Settlement Agreement. (Please initial) Silva County Representative 2201478.1 Page 3 of 4
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CONFIDENTIAL FLSA SETTLEMENT AGREEMENT THIS ...

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